Legal Question in Family Law in Mississippi

Parental rights

I am an unwed mother. The biological father and I were engaged to be married and his name was placed on the birth certificate. We then found out that his divorce was never finalized from his previous marriage. He had signed the papers but they were not filed properly. He has not seen his wife for over three years. I do not want anything to do with him now and want to know if he can get any visitation rights, or possible custody rights. He has started drinking heavy at times and has been charged with a DUI. I am so afraid he will have access to my child and let something happened to him while intoxicated. He tells me he will fight me for rights to this child and other times he says he never wanted a child and gets mad that I had the baby. What should I do?


Asked on 11/13/03, 1:15 am

2 Answers from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Parental rights

The birth father's failure to get a divorce will not affect any rights he has with the child. You need to file a lawsuit for paternity, blood test if there is any doubt he is the father, restricted visitation rights, and child support.

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Answered on 11/13/03, 1:34 am
David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Parental rights

You need to file a suit to determine who the father is. The court will order DNA testing. If he is the father, he will be entitled to visitation. However, the court will also set child support payments.

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Answered on 11/13/03, 2:01 pm


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